OFFICE DE LA PROTECTION DU CONSOMMATEUR
Advertising
Directed at Children
under 13 Years of Age
Guide to the Application of Sections 248 and 249
Consumer Protection Act
OFFICE DE LA PROTECTION DU CONSOMMATEUR
Advertising
Directed at Children
under 13 Years of Age
Guide to the Application of Sections 248 and 249
Consumer Protection Act
This guide contains information
that was current on September 10, 2012.
This guide was created by
the Office de la protection du consommateur
400, boulevard Jean-Lesage, bureau 450
Québec, Québec G1K 8W4
Use of the masculine form in this document
refers to both men and women.
Legal deposit – September 2012
Bibliothèque nationale du Québec
National Library of Canada
ISBN: 978-2-550-66386-7
© Gouvernement du Québec, 2012
Reproduction is authorized provided the source is acknowledged
Table of Contents
Who should use this guide?
1
The ban and its scope
2
Who is affected by the ban?
2
What is commercial advertising?
2
What formats and media are targeted?
3
How to determine whether commercial advertising is directed at children
4
Criterion A: For whom are the advertised goods and services intended? Do they appeal to children?
5
Criterion B: Is the message designed to attract the attention of children? 6
Criterion C: Are children targeted by the advertisement or exposed to it? 7
The relationship between the three criteria: basic principles to keep in mind
8
A look at some forms of advertising
Logos and mascots
11
11
Sponsorships11
Educational advertising
12
i
Exceptions: Advertising that may qualify for an exemption
14
Exception 1: Advertising in a children’s magazine
14
Exception 2: Advertising for a children’s entertainment event
14
Exception 3: Store windows, displays, containers, packaging and labels
15
Additional conditions that advertisements must meet to be covered by an exception
16
Consequences of non-compliance with the Act
OPC response measures
18
18
Fines18
Additional information
20
Appendix I: Text of the Act and Regulation 21
Appendix II: Example of an assessment of the proportion
of children exposed to advertising broadcast
during a TV show
26
Appendix III: Questions to determine if an advertisement
is directed at children ii
27
Who should use this guide?
In Québec, the Consumer Protection Act prohibits commercial advertising directed
at children under 13 years of age.
References
Sections 1, 218, 248,
249, 252, 277, 278,
282 and 283
of the Consumer
Protection Act.
Sections 87 to 91 of the
Regulation Respecting
the Application
of the Consumer
Protection Act.
With that as its basis, this guide clarifies the ground rules contained in the Consumer Protection
Act that must be taken into account when determining whether advertising targets children and
whether it is prohibited. It also outlines exemptions provided for in the Regulation Respecting
the Application of the Consumer Protection Act.
The guide is intended for merchants, businesses, lawyers and anyone working in the advertising
or media sectors. It can also help parents and individuals who interact with children by providing
them with a clearer understanding of the scope of the legislative provisions applicable in Québec,
thereby enabling them to better protect children.
In this document, the word “child” refers to persons under 13 years of age.
1
The ban and its scope
What the Act states
“Section 248. Subject to what is provided in the regulations, no person may make use of
commercial advertising directed at persons under thirteen years of age.”
Reference
Sections 1 m)
and 252
of the Consumer
Protection Act.
Who is affected by the ban?
The ban applies to all merchants: Those who request the promotion of goods or services as
well as those involved in the advertising process.
The ban also applies to persons who design, distribute, publish or broadcast the advertisement
and persons who request the advertisement’s design, distribution, publication or broadcast.
The Act defines these individuals as “advertisers.”
Reference
Section 1 h)
of the Consumer
Protection Act.
What is commercial advertising?
The goal of commercial advertising is to promote:
• goods or services offered for sale or rental;
• an organization having one or more activities consisting of the sale or rental of goods or
services.
2
What formats and media are targeted?
All formats and media are targeted when they are used to distribute or broadcast commercial
advertising. Examples include:
• radio;
•television;
• the web;
• mobile phones;
• printed materials such as newspapers, magazines and flyers;
•signage;
• promotional items.
Since the Act’s interpretation is constantly evolving, new formats and media that emerge as a
result of changes in advertising practices and technologies are also affected.
3
How to determine whether
commercial advertising
is directed at children
What the Act states
“Section 249. To determine whether or not an advertisement is directed at persons under
thirteen years of age, account must be taken of the context of its presentation, and in
particular of:
a) the nature and intended purpose of the goods advertised;
b) the manner of presenting such advertisement;
c) the time and place it is shown.
The fact that such advertisement may be contained in printed matter intended for persons
thirteen years of age and over or intended both for persons under thirteen years of age
and for persons thirteen years of age and over, or that it may be broadcast during air time
intended for persons thirteen years of age and over or intended both for persons under
thirteen years of age and for persons thirteen years of age and over does not create a
presumption that it is not directed at persons under thirteen years of age.”
Reference
Section 218
of the Consumer
Protection Act.
The Consumer Protection Act prohibits advertising that targets children. To determine whether
advertising is directed at them, the Act stipulates that it is necessary to take into account the
context of the advertisement’s presentation and the impression it gives.
The Act also provides three criteria that correspond to the following questions:
• For whom are the advertised goods or services intended? Do they appeal to children?
• Is the advertisement designed to attract the attention of children?
• Are children targeted by the advertisement or exposed to it? Are they present at the
time and place it appears or is broadcast?
4
An overall analysis of advertisements that takes the relationship between these three criteria into
account is essential since each criterion, when considered separately, is not decisive in itself.
Therefore, an advertisement that is broadcast and intended for adults could still be considered
as advertising aimed at children when all the criteria are assessed.
Criterion A: For whom are the advertised goods and services
intended? Do they appeal to children?
It is important to determine whether the advertised goods or services are intended for children
and the appeal that such goods and services have for them. The goods or services may:
• be essentially intended for children and therefore appeal to them (toys or candy, for
instance);
• greatly appeal to children without being exclusively intended for them (an amusement
park or video game console, for instance);
• not particularly appeal to children (cleaning products or financial services, for instance).
The fact that an advertisement concerns goods or services that do not particularly appeal to
children does not necessarily mean that it is allowed. The two other criteria must also be taken
into account.
Example of an ad for goods and services intended for children
A company is marketing Spirals cereal, which contains red licorice twists. The product is
essentially intended for children.
The company puts a game online where children play the role of Spirob, the elf representing
the product. The elf has to find his way in a world where he derives energy with each
mouthful of cereal. This advertisement would be prohibited.
5
Criterion B: Is the message designed to attract the attention
of children?
The overall impression given by the advertisement needs to be taken into account and the way
it is designed must be examined to determine if it makes the ad appealing to children.
Attention should be paid to certain factors. For example:
• a level of language commonly used by children;
• subjects linked to fantasy, magic, mystery, suspense, adventure or virtual worlds;
• characters who are children or have childlike voices, heroes, animals and imaginary,
fantasy or virtual creatures;
• situations that play on the parent-child relationship or another authority-based relationship
between a child and an adult in an particularly insistent or idealized manner;
• music, songs or jingles that are especially appealing to children;
• spectacular media techniques: sound, colour, special effects, cartoons or 3D animation.
The fact that an advertisement or advertising method appears to target adults does not mean
that the advertisement is intended exclusively for them. Following an analysis of the two other
criteria, an advertisement that attracts the attention of children can still be considered as
advertising directed at children even though it seems to target adults because of its verbal or
written content. That may be the case if the product advertised appeals to children.
6
Example of advertising designed to attract the attention of children
The Freza dairy company sells strawberry flavoured milk. It has designed a colouring book
that displays the company’s products and contains discount coupons for buying each
product. Although the colouring book is labelled “for parents,” it is distributed to children
at a day camp.
The company claims its advertisement is intended for adults, but the product (strawberry
flavoured milk) and the advertisement’s design (a colouring book containing discount
coupons) appeal to children. This advertisement would be prohibited.
Criterion C: Are children targeted by the advertisement
or exposed to it?
The proportion of children that make up the audience or that might be reached by an
advertisement needs to be assessed. Are they present when it appears or is broadcast? Are
they present where it appears or is broadcast?
All media must be taken into account. For instance, a website section falls under the media
category. The place can also be associated with a physical space such as a shopping centre,
restaurant, school, daycare centre, festival location, etc.
An advertisement that is broadcast or that appears in a place where both adults and children
are present can still be considered as being directed at children if an analysis of the two other
criteria leads to the conclusion that the advertisement is also intended for children.
Example of advertising that reaches children
The manufacturer of Sculpto modeling clay sets up a tent at a festival and invites children to
use the clay by imitating what the mascot does. This advertisement would be prohibited in
an area reserved solely for children.
7
Tools exist to assess the proportion of children who are exposed to an advertisement. The tools
vary depending on the media. They are used primarily to assess the ratings of television and radio
advertisements and the distribution of printed or online advertisements.
Appendix II provides an example of assessing the proportion of children exposed to an advertisement
on television. The example explains how to determine the percentage of the audience that is
composed of children under thirteen years of age when the televised advertisement is broadcast.
The relationship between the three criteria:
basic principles to keep in mind
The relationship between the three criteria is what determines whether an advertisement is
directed at children.
An advertisement can be prohibited depending on the appeal that the goods or services
advertised have for children. To reach a conclusion, the ad’s design must be considered in
order to determine if it might appeal to children and if the time and place the advertisement is
shown make it possible to reach children.
The general context of the advertisement’s presentation must always be considered as well. To
determine whether or not the advertisement is prohibited, the overall impression it gives must
also be taken into account.
8
Criterion A
Goods or services essentially
intended for children and that
therefore appeal to them.
Ex.: certain video games, toys or candy
primarily consumed by children.
Criteria B and C
The ad must not:
• be designed in a way that appeals
to children;
• be broadcast or distributed in a place
where or at a time when children are
normally reached.
Goods or services that are
particularly appealing to
children without being intended
exclusively for them.
Ex.: certain desserts, fast foods,
amusement parks, video game consoles.
The ad is allowed if:
Goods or services that are not
particularly appealing to children.
Ex.: cleaning products, meat, financial
products, alcoholic beverages, certain
types of clothing.
The ad is allowed. However, if the
company sells children’s products,
attention must be paid to the ad’s design.
The desing should not be appealing
to children if they essentially comprise
the audience when and where the ad is
broadcast or distributed.
• it is not designed to appeal to children;
• it is not broadcast or distributed in a
place where or at a time when children
in particular are normally reached.
Generally speaking, an advertisement runs more risk of being considered as directed at children:
• the more the goods or services might appeal to them;
• the more childlike the advertisement’s design is;
• the more the place or means of broadcast or distribution is likely to increase the odds of
reaching children.
9
Are children exposed
to the ad?
Do the goods or services target children?
Do they appeal to them?
Yes, they are
primarily aimed
at children
and appeal to
them.
They are aimed
at the whole
family but, yes,
they do have a
strong appeal
for children.
No, they are
aimed at
teenagers and
adults and do
not appeal to
children.
Yes, the
advertising
format or
medium used
allows for
reaching
children.
Advertisement
prohibited
Advertisement
prohibited if
the message
is designed
to arouse the
interest of
children.
Advertisement
allowed provided
that the message
is not designed to
arouse the interest
of children.
The
advertising
format or
medium used
allows for
reaching
people other
than children.
Advertisement
prohibited if
the message
is designed
to arouse the
interest of
children.
Advertisement
allowed provided
that the message
is not designed
to arouse the
interest of
children.
Advertisement
allowed
Example of prohibited advertising
The Rappido Company is advertising a remote-controlled toy car like one seen in an
animated film. The advertisement is broadcast on Saturday morning on a TV channel for
children during a cartoon program. The ad is in animated film format and shows a young
boy who is thrilled to be operating his high-speed car. This ad would be prohibited.
10
A look at some forms of
advertising
Logos and mascots
The use of a logo or mascot to represent goods, services, an organization or company
constitutes an advertisement.
As with any advertisement, the logo or mascot must be analyzed using the three criteria to
determine whether it is commercial advertising aimed at children.
Sponsorships
The mention of a sponsorship – financial support or material provided in exchange for visibility
– is considered advertising. Like other ads, the message it conveys must be analyzed based on
the three criteria to determine if it is aimed at children.
The sponsor of an activity for children or families whose products are primarily intended for children
or appeal to them cannot, during the event:
• present the message in a childlike way or in a manner that would arouse the interest of
children;
• use a logo or mascot.
However, the sponsor can discreetly mention a name that does not draw children’s attention.
For example: “This event is sponsored by [mention of the name].”
11
Example of sponsorship
The XY Food Lovers Company, a distributor of fruit candy (a product that appeals to children),
sponsors a children’s make-up activity at a shopping centre. The company advertises its
sponsorship with a reference to its name: “This event is sponsored by XY Food Lovers.”
The advertisement is allowed.
The ad would be prohibited if the sponsor were represented by the company mascot or
logo. It would also be prohibited if the children were invited to watch a video capsule that
raved about the taste of the candy.
Educational advertising
Educational or lifestyle advertising, which seeks to bring about changes in attitude or behaviour
in the interest of the person for whom the ad is intended or for the benefit of society, is permitted
under certain conditions.
It must be intended to ensure the child’s training and development, especially by promoting a healthy
lifestyle and responsible behaviour, notably by encouraging the child to exercise caution or getting
him to react in a way that will ensure his safety in case of danger.
Lifestyle or educational advertising must not:
• be used to circumvent the ban, for example by encouraging children to buy a specific
brand or product;
• make it possible to identify a particular product or brand;
• contain a commercial message or be associated with such a message;
• include the logo of a sponsor that is a commercial enterprise whose products appeal
to children. However, the sponsor may be identified by the discreet mention of a name
that does not draw attention.
12
Example of lifestyle advertising
The Sure-Bike organization prepares an ad to encourage children to wear bicycle helmets.
The ad’s sponsor, the Daily Cycle Company, manufactures decorative bicycle handles and
is identified by the phrase: “Daily Cycle is a proud sponsor of this campaign.” This ad would
be permitted.
The ad would be prohibited if it invited children to wear a Noggin brand helmet. It would also
be prohibited if it included the logo of the Daily Cycle Company, whose product appeals to
children.
13
Exceptions:
Advertising that may qualify
for an exemption
The Regulation Respecting the Application of the Consumer Protection Act provides for
three exceptions to the ban on commercial advertising directed at children. However, the
advertisement must meet the stipulated conditions in order to qualify for an exemption.
Exception 1: Advertising in a children’s magazine
Reference
Section 88
of the Regulation
Respecting the
Application
of the Consumer
Protection Act.
Commercial advertising aimed at children in a children’s magazine is possible under the following
conditions:
• the magazine or insert containing the advertisement is intended for children;
• the magazine or insert is offered for sale or inserted in a publication offered for sale;
• the magazine or insert is published at least every three months.
Exception 2: Advertising for a children’s entertainment event
Reference
Section 89
of the Regulation
Respecting the
Application of
the Consumer
Protection Act.
Commercial advertising aimed at children is permitted when the ad announces an entertainment
event for children, such as a sporting event, theatre performance, television program, film
screening, concert, comedy or radio show, etc.
Other than announcing the show, the ad may not contain a commercial advertisement such as:
• the logo of another company whose products are for children (however, a discreet
reference that includes the company’s name would be allowed);
• an illustration showing spin-offs or promotional products offered for sale.
14
Example of advertising for a program or show directed at children
There is a poster for the Happy Hubbub Theatre announcing a children’s show. The ad is
permitted if the theatre’s sponsor, Toyplay 3003, a company that sells toys, is identified
solely by a mention of its name: “The show is sponsored by Toyplay 3003.”
This ad is prohibited if it:
• includes the Toyplay 3003 company logo, since its products appeal to children;
• presents an illustration of toys sold by the company;
• includes a purchase offer for a Happy Hubbub Theatre t-shirt. Exception 3:Store windows, displays, containers,
packaging and labels
Advertising via a store window, display, container, packaging or label – or the message that
appears on it – can be designed to target children.
References
Sections 90 and 91
of the Regulation
Respecting the
Application
of the Consumer
Protection Act.
On the other hand, this advertising must not, among other things:
• serve as an advertising format to advertise other products aimed at children in an
­attempt to circumvent the ban;
• directly incite a child to buy goods or services;
• encourage the child to urge another person to buy goods or services or to seek
information about them.
Example of packaging that constitutes advertising
The Great Wheat company sells cereal. Its colourful packaging portrays a world full of elves
and princesses. This advertising would be permitted.
The advertisement would be prohibited if the message “Ask Mom to buy you the most funfilled cereal in the world!” appeared on the cereal box.
15
Additional conditions that advertisements must meet to be covered
by an exception
For an advertisement to be exempted from the ban, it must meet the conditions provided for by
the Regulation as well as the specific conditions of each exception.
An affirmative answer to one of the following questions indicates that a condition has not been
met.
Does the advertisement:
a) exaggerate the nature, characteristics, performance or duration of a product or
­service?
b) minimize the degree of skill, strength or dexterity or the age necessary to use goods
or services?
c)use:
– superlative to describe the characteristics of the goods or services?
– a diminutive to indicate their cost?
d) establish a comparison between the goods or services advertised and another product?
e) directly incite a child to buy or to urge another person to buy goods or services or to
seek information about them?
f ) portray reprehensible social or family lifestyles?
g) advertise goods or services that, because of their nature, quality or ordinary use,
should not be used by children?
h) advertise a drug or patent medicine?
i) advertise a vitamin?
j) portray a person behaving carelessly?
k) present goods or services in a way that suggests improper or dangerous use?
16
l ) portray a person or character known to children to promote goods or services:
– who appears in a publication or program aimed at children?
– who is not a participant in the show for children that is being advertised?
(A character created expressly to promote goods or services may be used solely for
advertising those good or services.)
Reference
Section 91
of the Regulation
Respecting the
Application
of the Consumer
Protection Act.
m)use an animated cartoon process even though the advertisement does not promote a
children’s cartoon show?
n) use a comic strip even though the advertisement does not promote children’s
­comics?
o) suggest that:
– owning the product gives the child an advantage over other children his age?
– not having the product puts the child at a disadvantage?
p) advertise goods in such a way that the child is falsely led to believe that for the regular
price of the goods, he can get other goods that are not being advertised?
The conditions that must be met vary depending on the type of advertising. An advertisement
cannot fall within the exceptions if it does not meet the specified conditions.
Advertisement
Conditions to be met
Ad in a children’s magazine
All
Ad for a children’s entertainment
event
All
Store windows, displays, containers,
packaging and labels
All, except h), i), l), m) and n)
17
Consequences of
non-compliance with the Act
OPC response measures
The OPC may respond in the following three ways to anyone who is in violation of the Act in
question:
• send the offender a notice as a reminder of the rules governing commercial advertising
directed at children;
• negotiate a voluntary undertaking with the offender in which he undertakes to change
his business practices. The OPC may take legal action against those who fail to meet
their commitment;
• file a criminal lawsuit against the offender.
References
Sections 277, 278,
282 and 283
of the Consumer
Protection Act.
Fines
Any stakeholder involved in a commercial process (from the request to create an advertisement
to its distribution, including its design) may be accused of not complying with the legislation in
force. Per indictment, that person is liable to:
• a fine ranging from $600 to $15,000 (in the case of a natural person);
• a fine ranging from $2,000 to $100,000 (in the case of a legal person).
The representative of a legal person (a company president or administrator, for example) who
had knowledge of the offence is deemed to be a party to the offence and is liable to the penalty
that applies to a natural person.
18
A person who assists or incites another person to commit an offence, or who advises that
person to do so, is also liable to these penalties.
In the case of a repeat offence, the amount of the fines is doubled.
If you are concerned that your advertisement does not comply with the Act, please do not
hesitate to contact the OPC for more information.
19
Additional information
You can contact the OPC (Office de la protection du consommateur) for more information about
the ban on commercial advertising directed at children.
www.opc.gouv.qc.ca
Montréal......................................................... 514 253-6556
Québec City................................................... 418 643-1484
Trois-Rivières................................................. 819 371-6400
Saguenay........................................................ 418 695-8427
Gatineau......................................................... 819 772-3016
Sherbrooke..................................................... 819 820-3694
Saint-Jérôme................................................. 450 569-7585
Elsewhere in Québec and Canada ..............1 888 672-2556
20
Appendix I: Text of the Act and Regulation
The following sections pertain to advertising directed at children.
Consumer Protection Act
1.In this Act, unless the context indicates otherwise,
h) “advertisement” means a message designed to promote goods, services or an
organization in Québec;
m)“advertiser” means a person who prepares, publishes or broadcasts an
advertisement or who causes an advertisement to be prepared, published or
broadcast;
218.To determine whether or not a representation constitutes a prohibited practice, the
general impression it gives, and, as the case may be, the literal meaning of the terms
used therein must be taken into account.
248.Subject to what is provided in the regulations, no person may make use of commercial
advertising directed at persons under thirteen years of age.
249.To determine whether or not an advertisement is directed at persons under thirteen years
of age, account must be taken of the context of its presentation, and in particular of
a) the nature and intended purpose of the goods advertised;
b) the manner of presenting such advertisement;
c) the time and place it is shown.
21
The fact that such advertisement may be contained in printed matter intended for persons
thirteen years of age and over or intended both for persons under thirteen years of age
and for persons thirteen years of age and over, or that it may be broadcast during air time
intended for persons thirteen years of age and over or intended both for persons under
thirteen years of age and for persons thirteen years of age and over does not create a
presumption that it is not directed at persons under thirteen years of age.
252.For the purposes of sections 231, 246, 247, 247.1, 248 and 250, “to advertise” or “to
make use of advertising” means to prepare, utilize, distribute, publish or broadcast an
advertisement, or to cause it to be distributed, published or broadcast.
277.Every person who
a) contravenes this Act or any regulation;
b)gives false information to the Minister, the president or any person empowered to
make an investigation under this Act;
c) hinders the application of this Act or of any regulation;
d)does not comply with a voluntary undertaking made under section 314 or whose
application has been extended by an order under section 315.1;
e) disobeys a decision of the president;
f) being subject to an order of the court under section 288, omits or refuses to comply
with such order,
is guilty of an offence.
278. A person convicted of an offence constituting a prohibited practice or an offence under
paragraph b, c, d, e or f of section 277 is liable
a)in the case of a natural person, to a fine of $600 to $15,000;
b)in the case of a legal person, to a fine of $2,000 to $100,000.
For a second or subsequent conviction, the offender is liable to a fine with minimum and
maximum limits twice as high as those prescribed in subparagraph a or b, as the case may be.
22
282.Where a legal person is guilty of an offence against this Act or any regulation, every
director or representative of such legal person who had knowledge of the said offence
is deemed to be a party to the offence and is liable to the penalty provided for in section
278 or 279 for a natural person, unless he establishes to the satisfaction of the court that
he did not acquiesce in the commission of such offence.
283.Every person who performs or omits to perform an act in view of aiding a person to commit
an offence against this Act or a regulation or who advises, encourages or incites a person
to commit an offence is himself guilty of the offence and is liable to the same penalty.
23
Regulation Respecting the Application of the Consumer Protection Act
87.For the purposes of this Division, the word “child” means a person under 13 years of age.
88.An advertisement directed at children is exempt from the application of section 248 of the
Act, under the following conditions:
a) it must appear in a magazine or insert directed at children;
b) the magazine or insert must be for sale or inserted in a publication which is for sale;
c) the magazine or insert must be published at intervals of not more than 3 months; and
d) the advertisement must meet the requirements of section 91.
89.An advertisement directed at children is exempt from the application of section 248 of the
Act if its purpose is to announce a programme or show directed at them, provided that
advertisement is in conformity with the requirements of section 91.
90.An advertisement directed at children is exempt from the application of section 248 of the
Act, if it is constituted by a store window, a display, a container, a wrapping or a label or
if it appears thereon, provided that the requirements of paragraphs a to g, j, k, o and p of
section 91 are met.
91.For the purposes of applying sections 88, 89 and 90, an advertisement directed at
children may not:
a) exaggerate the nature, characteristics, performance or duration of goods or services;
b) minimize the degree of skill, strength or dexterity or the age necessary to use goods
or services;
c) use a superlative to describe the characteristics of goods or services or a diminutive
to indicate their cost;
d) use a comparative or establish a comparison with the goods or services advertised;
e) directly incite a child to buy or to urge another person to buy goods or services or to
seek information about them;
24
f) portray reprehensible social or family lifestyles;
g)advertise goods or services that, because of their nature, quality or ordinary use,
should not be used by children;
h) advertise a drug or patent medicine;
i) advertise a vitamin in liquid, powdered or tablet form;
j) portray a person acting in an imprudent manner;
k) portray goods or services in a way that suggests an improper or dangerous use
thereof;
l) portray a person or character known to children to promote goods or services, except:
i. in the case of an artist, actor or professional announcer who does not appear in a
publication or programme directed at children;
ii. in the case provided for in section 89 where he is illustrated as a participant in a
show directed at children.
For the purposes of this paragraph, a character created expressly to advertise goods
or services is not considered a character known to children if it is used for advertising
alone;
m)use an animated cartoon process except to advertise a cartoon show directed at
children;
n) use a comic strip except to advertise a comic book direct at children;
o) suggest that owning or using a product will develop in a child a physical, social or
psychological advantage over other children of his age, or that being without the
product will have the opposite effect;
p) advertise goods in a manner misleading a child into thinking that, for the regular price
of those goods, he can obtain goods other than those advertised.
25
Appendix II: Example of an assessment
of the proportion of children exposed to
advertising broadcast during a TV show
To determine if an advertisement is directed at children, the percentage of the audience
consisting of children under 13 years of age at the time the advertisement is broadcast on
television as well as the other two criteria must be assessed.
Product
essentially
directed at
children
Product with
strong appeal
for children
Product with
no appeal for
children
Program with
over 15%
of viewership
composed
of children
Advertisement
Prohibited
Advertisement
prohibited if the
message is designed
to arouse the interest
of children.
Advertisement
allowed provided
that the message
is not designed to
arouse the interest of
children.
Program with
up to 15% of
viewership
composed of
children
Advertisement
prohibited if the
message is designed
to arouse the interest
of children.
Advertisement
allowed provided
that the message
is not designed to
arouse the interest of
children.
Advertisement
allowed
In some cases, the threshold used may be lower than 15%. For example, if the advertisement
makes it possible to reach a large number of children, the 15% threshold is no longer appropriate.
For instance, an advertisement could be regarded as being directed at children even though
children make up only 10% of the audience if the show’s viewership is very high and the product
and presentation appeal to children.
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Appendix III: Questions to determine if an advertisement is directed at children
Determining if the advertisement is directed
at children under 13 years of age
Determining if the advertisement is covered
by the exemptions provided for in the Act
Do the goods
or services
advertised appeal
to children?
YES
Is it commercial
advertising?
NO
The advertisement does
not violate section 248 of
the Consumer Protection
Act.
Does the context
or general
impression
given by the
advertisement
appear to be
directed at
children under
13 years of age?
YES
Is the
presentation
childlike?
Are children
present at the
time and place
the advertisement
is shown?
An overall analysis of the
advertisement that takes
the relationship between
these three criteria into
account is essential since
each criterion, when
considered separately, is
not decisive in itself.
YES
YES
YES
Careful!
It is possible
that the
advertisement
is directed at
children under
13 years of age.
It would
therefore be
prohibited
unless covered
by one of the
following three
exemptions.
Does the
advertisement appear
in a magazine?
YES
NO
Does the
advertisement
announce a show for
children?
YES
Is the advertisement
presented via a
container, packaging
or store window?
YES
NO
Does the advertisement
meet the conditions
stipulated in section 91 of
the Regulation Respecting
the Application of the
Consumer Protection Act?
(See pages 16 and 17.)
YES
The
advertisement is
probably allowed.
NO
NO
Careful! It is possible that the
advertisement is directed at
children under 13 years of
age and that it is prohibited.
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